48-4975. Qualification as water district member land

A. Real property qualifies as a water district member land only if all of the following apply:

1. The real property is located in an active management area in which the district is located.

2. The real property is not a member land, or a parcel of member land under chapter 22 of this title, and is not located in a water district member service area, or in a member service area under chapter 22 of this title, or in a groundwater replenishment district under chapter 27 of this title.

3. The conditions stated in section 45-576.01, subsection B, paragraphs 2 and 3 are satisfied with respect to the district at the time of qualification.

4. The owner of the real property, or other person or entity such as a property owners' or homeowners' association, if the person or entity has proper authority, records a declaration against the real property, in the official records of the county where the real property is located that:

(a) Contains the legal description of the real property.

(b) Declares the intent of the owner that the real property qualify as a water district member land under this chapter.

(c) Declares that, in order to permit the delivery of excess groundwater to the real property, each parcel of water district member land thereafter established at the real property is subject to a water district parcel replenishment obligation and to a replenishment assessment to be determined by the district.

(d) Declares that qualifying as water district member land and subjecting the real property to the water district parcel replenishment obligation and the replenishment assessment directly benefits the real property by increasing the potential of the property to qualify for a certificate of assured water supply issued by the department of water resources pursuant to title 45, chapter 2, article 9, thereby allowing the development, use and enjoyment of the real property.

(e) Contains a covenant that is binding against the real property and each parcel of water district member land thereafter established at the real property to pay to the district a replenishment assessment based on the water district parcel replenishment obligation in an amount determined by the district as necessary to allow the district to perform the water district groundwater replenishment obligation.

(f) Declares that the district may impose a lien on the real property and each parcel of water district member land thereafter established at the real property to secure payment of the replenishment assessment.

(g) Declares that the covenants, conditions and restrictions contained in the declaration run with the land and bind all successors and assigns of the owner.

B. The declaration may contain covenants, conditions and restrictions in addition to those prescribed in this section. The declaration may be an amendment or supplement to covenants, conditions and restrictions recorded against developed and undeveloped land.

C. Notwithstanding the provisions of subsection A of this section, no real property qualifies as water district member land unless the municipal provider that will provide water to the real property that is subject to the declaration records in the official records of the county where the real property is located an instrument that contains both of the following:

1. The legal description of the real property and the tax assessor parcel numbers for the real property.

2. An agreement by the municipal provider to submit, by March 31 of each year following the recordation of the instrument, to the district and to the property tax assessor and treasurer of the county where the real property is located the information prescribed by section 48-4971, subsection A, and such other information as the district may reasonably request.